FAQs - Mediation

· assists you in gathering and sharing information so you can make informed decisions;

· helps you explore your needs, and to develop options to meet those needs; and

· helps you both/all to negotiate fairly.

For many types of cases, ﻿﻿such as premarital, family, and divorce cases, the mediator and parties will sit in the same room and work together.

In other cases, such as employer-employee and neighbor-neighbor disputes, the mediator will usually work with the parties in the same room at the same time. However, the mediator may also 'caucus' with the parties - that is, with their permission, meet with each of them alone.

IS THERE A RETAINER, LIKE FOR LAWYERS?

No, there isn't any retainer. You pay as you go, doing so at the end of each session.

I (CAN) HAVE A LAWYER.

WHY SHOULD I CONSIDER MEDIATION?

Here are four reasons:

1. A settlement can be reached quickly, which is usually not the cases when dealing with the courts.

2. Save money. The parties can share the mediator’s fee (rather than pay for separate lawyers).

And, since mediation is generally much faster than litigation, you will likely pay for far fewer hours of a professional’s time.

3. Mediation is not adversarial. It encourages the parties to develop an agreement together, to meet both/all of their needs. And when there is an ongoing relationship, such as when children or other family members, or coworkers or business partners are involved, cooperation is especially important.

4. A high adherence rate. Simply put, people who mediate — who reach their own agreements — are more likely to stick to their agreements, than those who have solutions imposed upon them by a judge.

ARE AGREEMENTS BINDING?

Yes. In the same way that an attorney would write the legal document necessary to become divorced in New York State (a "Separation Agreement"), the same document will be prepared following mediation.

Once the separation agreement is prepared, mediation participants are strongly encouraged to have an attorney review it. If questions are raised, they can be brought back to mediations.

When you are both satisfied with the separation agreement, it is signed, notarized and filed with the court.

WHAT IF I DON'T LIKE MEDIATION?

Either (any) one of you can stop the process at any time. Mediation is voluntary. A mediator can't force you to continue - and personally, if you don't feel the process is working out, I wouldn't want you to.

After a mediation terminates, either party can initiate court proceedings, or resume them if they had once been started.

Images courtesy of David Castillo Dominici, JanPietruszka at FreeDigitalPhotos.net

WHAT ISN'T MEDIATION?

Mediation Is Not Counseling.

Whereas counseling often involves extensively looking back at the past, mediation is forward looking. While the past is undeniably important, the focus of mediation is much more about the present and future.

where are you now?

where would you like to be?

what agreements can be reached to give you the best chance of making that happen?

A Mediator Is Not a Judge.

A judge will make decisions for you, focusing on past conduct. She or he will try to determine who was at fault.

But the mediator isn’t there to place blame. That’s because mediation focuses on the future.

In mediation, you, the parties, make the decisions; no one else.

A Mediator Has a Different Role Than a Lawyer.

A lawyer represents one party against another. A mediator, on the other hand, doesn’t represent either/any party.

Instead, the mediator helps the parties to more fully understand the issues and to better communicate.